Also known as: attach · attaches · attached · attaching · attachments · attachiamentum · writ of attachment
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A document or exhibit appended to a primary legal instrument or notice to provide additional information or materials.
A document or exhibit appended to a primary legal instrument or notice to provide additional information or materials.
Select any source to read its text and confirm it supports the definition.
A court-ordered seizure of a defendant's property to secure satisfaction of a potential judgment.
Select any source to read its text and confirm it supports the definition.
The process by which a security interest becomes enforceable against the debtor with respect to the collateral.
Select any source to read its text and confirm it supports the definition.
A court-ordered seizure of a defendant's property to secure satisfaction of a potential judgment.
The process by which a security interest becomes enforceable against the debtor with respect to the collateral.
Each sense below has its own examples, sources, and questions.
Aether Technologies receives a notice of deposition for its records custodian. The notice states the time and place and includes an attachment that lists the specific emails and contracts the deponent must bring. The attachment satisfies the requirement that designated materials appear in the notice or an accompanying document.
Austin Abbott and Anchor Bank negotiate a loan agreement that refers to "prime rate." Abbott believes the term means the bank's published rate while the bank believes it means the rate published in a financial newspaper. Because neither party knows or has reason to know the meaning attached by the other, no mutual assent forms on that term.
When a subpoena duces tecum will be served, the materials to be produced must be listed either in the notice itself or in a separate attachment to the notice.
Supporting sources
Alice Atkins buys land from a developer and gives the developer a purchase money mortgage. A prior judgment creditor's lien had already attached to Atkins's after-acquired property. The purchase money mortgage receives priority over that earlier lien even though the lien was recorded first.
Alfred Ashford stands trial before a jury on a theft charge. After the jury is empaneled and sworn, the prosecutor moves to dismiss and refile a more serious charge based on the same conduct. Because jeopardy has already attached, the Double Jeopardy Clause bars the second prosecution.
Anita Ali is a trust beneficiary whose interest is not protected by a spendthrift provision. A judgment creditor obtains a court order authorizing attachment of future distributions from the trust to satisfy the debt. The court limits the attachment to amounts reasonably necessary to satisfy the claim.
Jeopardy attaches when the jury is empaneled and sworn. After that point the defendant is protected against retrial for the same offense.
Supporting sources
When the interest is not protected by a spendthrift provision a court may authorize attachment of present or future distributions to or for the benefit of the beneficiary.
Supporting sources
Aurora Biotech borrows from Apollo Energy and signs a security agreement granting a security interest in its equipment. Apollo advances the funds the same day. The security interest attaches upon the giving of value and the debtor's rights in the collateral, allowing perfection to occur simultaneously if filing requirements are met.
Attachment occurs when the debtor signs or authenticates a security agreement, the secured party gives value, and the debtor has rights in the collateral. Once these three conditions are met the interest becomes enforceable against the debtor.
Supporting sources
Attachment makes the security interest enforceable against the debtor. Perfection provides notice to third parties and determines priority among competing claimants. A security interest may attach before it is perfected.
…abortion and impliedly repudiates the theory that life begins at conception. It is with these interests, and the weight to be attached to them, that this case is concerned. VIII The Constitution does not explicitly mention any right of privacy. In a line of decisions, however, going back perhaps as far as Union…